NSW Apprehended Domestic Violence Order Resulting in Lost Income - Sue Ex?

[Peter Ando]

Hi guys,

Can I sue for lost income if my spouse has taken out an Apprehended Domestic Violence Order (ADVO)?.

I need my firearms licence for work as I work for a Cash In Transit company. Prior to my separation, there were no claims of assault, no visits from the police. Nothing. After my wife left, I asked her to come to a psychologist meeting, whereupon I made the statement "What do you want me to do? Go to work and top myself?"

I'm a very silly boy because that statement has cost me my kids and $100,000.

The remarks about topping myself are the only evidence against me. Quite a doozy, though!. The ADVO was contested in court and lifted. In doing so I was required to make an "undertaking" that I still wouldn't approach wife and kids, etc, etc, etc.

Is it possible to sue for lost income if I can satisfy the court that the ADVO was vexatious and malicious in nature? i.e. she didn't really fear for her safety because the ADVO was taken out 2 days after the psychologist appointment?

What sort of fees am I looking at? Will this be heard in front of a magistrate or jury?

Regards,

 

[AllForHer]

The best you can get is your lawyer fees paid by your ex, but you can't sue for damages for income lost as a result of the AVO.

 

[Tim W]

Sue for lost income, because, by your own admission,
you made a foolish statement, that you knew, or reasonably should have known,
would raise concerns about your mental health,
and therefore bring into question your suitability to hold a firearms licence?

Not a chance.

 

[sammy01]

Ok, so you didn't even threaten her? You threatened your own life?

Yup - I understand your thinking, but you've got no chance. Mate, you're lucky the courts dropped the thing, so you can still work.